Monthly Archives: September 2014

To Absent Friends…Part II – RTA Fraud

 By Colin Richmond Liverpool Victoria Insurance Company Ltd v Thumber [2014] EWHC 3051 (QB) When I wrote about this case in early September the full judgment was yet to be published. It is now available on Lawtel under reference AC9800582. It is worth spending a short time looking at some of the comments made by […]

WHIPLASH – THE NEW PROPOSALS

 By Catherine Duffy On 4th September 2014 the government set out its latest proposals in the move against whiplash compensation fraud. The Ministry of Justice Consultation, ‘Whiplash reform programme: Consultation in medical reporting and expert accreditation’ began on 4th September 2014 and will end on 1st October 2014. It is intended that the rules will […]

CHANGES TO PRACTICE DIRECTION 21 – MATERIAL TO BE SERVED AND FILED IN RELATION TO CHILD/PROTECTED PARTY SETTLEMENT CLAIMS

 By Bronia Hartley With the 75th Update to the Civil Procedure Rules (coming into force 1 October 2014), amendments to Practice Direction 21 (Children and Protected Parties) address the inconsistencies between the rules and practice direction in respect of the material that must be served and filed in relation to child/protected party settlement claims.

‘NOWHERE FAST’ – In what circumstances might a bus driver be held liable to a passenger injured as a result of a fall on a bus?

 By Andrew Wilson Most personal injury practitioners will have had experience of dealing with a claim made by a passenger, injured as a result of falling whilst on a bus. Many such incidents result in relatively modest injuries. However, in some cases, particular those involving more elderly Claimants, quite significant and long-lasting injuries can be […]

An A-Z of Medical Terms

 By Justin Crossley Long before today’s youth developed their own unrecognisable text speak the medical profession created its own glossary of abbreviations.  Such abbreviations often crop up when reading medical records or even in  medical reports. In an effort to assist, below is a list of commonly encountered abbreviations and some of the less common […]

OCCUPATIONAL STRESS AND/OR BULLYING:-  THE HIGH COURT RECONSIDERS WHAT IS NECESSARY TO ESTABLISH FORESEEABILITY AND BREACH OF DUTY

 By Kate McKinlay The recently reported decision of Daniel v Secretary Of State For The Department Of Health [2014] EWHC 2578 (QB) is the first judicial consideration of an occupational stress claim for nearly two years.  This 41 page judgment acts as an important reminder of the high threshold in such claims as well as […]

DECEASED’S SUDDEN DEATH DURING STILLBORN BIRTH: CLINICAL QUANTIFICATION?

 By Ruwena Khan (1) HB (In her own right as Administrator of the Estate of JE) (2) CG v Lancashire Hospitals NHS Foundation Trust (2013) In a case reported on Lawtel yesterday, the Claimant mother and sister received £160,000 in an out of court settlement following the sudden death of the deceased (‘X’) during the […]